Weld County School District Re-12 v. Bymer

We consolidated these workers’ compensation cases, for purposes of this appeal, to decide what factors may be considered in determining whether a claimant is permanently and totally disabled. Specifically, we granted certiorari to decide whether access to or availability of employment in a claimant’s commutable labor market may be considered in determining if a claimant’s injury renders the claimant “unable to earn any wages in the same or other employment,” pursuant to section 8-40-201(16.5)(a) of the Workers’ Compensation Act (the “Act”). See §§ 8-40-201 to 8-47-209, 3 C.R.S. (1997). We…